Personal Injury Settlement

[doc2b]

What is the name of your state? Michigan

My best friend's divorce was finalized at the end of January, 2008. She is in the early stages of a personal injury lawsuit for an incident that occurred early last summer (before the divorce papers had been filed). Her ex husband was a witness to the incident, and has to be deposed. Now that he knows her PI case is in the works, he told her he wants half of any settlement. I told her he may be entitled since it occurred pre-divorce, but don't know for sure. She hasn't heard back from her attorney since she contacted her over a week ago about this. Does anybody know if her ex husband has a right to claim half of her settlement? Thanks in advance!

 

[seniorjudge]

Q: Does anybody know if her ex husband has a right to claim half of her settlement?

A: What does the judgment in the lawsuit (between you and your ex) say about your question?

 

[doc2b]

Her case has just started so there hasn't been a judgement yet. The lawsuit is between her and a rental property that the injury occurred on, not between her and her ex-husband. Sorry if I made it confusing in the initial post.

 

[2Mistakes]

First of all, you are a 3rd party, and I can guarantee you that you do not have all of the info required to give half-way intelligent advice. It would be best for your best friend to come here and ask questions.

Secondly, you misunderstood Seniorjudge's question.

What does the divore judgment say about proceeds from her PI case?

 

[Ohiogal]

PI Lawsuits are NORMALLY separate property.

 

[LdiJ]

PI Lawsuits are NORMALLY separate property.

I agree....but if she needs his testimony to prove the PI, its going to be problematic.

He is not entitled to half of her settlement if it wasn't addressed in the divorce, and probably wouldn't have been entitled even if it had been addressed in her divorce. But if she NEEDS his testimony, its definitely problematic.

 

[doc2b]

Sorry, SeniorJudge...I sure did misunderstand your question.

She said there was no mention of anything related to the PI case in her divorce judgment whatsoever, but she does need his testimony because he was the only one present when she was hurt. I can understand why this may be a problem for her case.

Thank you for the answers, everybody!